Australian Competition & Consumer Commission v IMB Group Pty Ltd [1999] FCA 313

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v IMB Group Pty Ltd

[1999] FCA 313

PRACTICE AND PROCEDURE - Action brought by ACCC alleging contravention of s 47(6) and s 52 Trade Practices Act 1974 (Cth) - Application during trial to strike out action under O 20 r 2(1)(b) and (c) on ground that any judgment Court might pronounce would lack utility - application refused having regard to public character of the action.

Trade Practices Act 1974 (Cth) s 47(6) and s 52

Federal Court Rules O 20 r 2(1)(b) and (c)

Mayne Nickless Ltd v Transport Workers Union of Australia (Full Court of the Federal Court, unreported, 16 July 1988) distinguished

Beitseen v Johnson (1989) 29 IR 336 distinguished

Orison Pty Ltd v Strategic Minerals Corporation NL (1988) 81 ALR 183 distinguished

World Series Cricket Pty Ltd v Parish (1977) 16 ALR 181 cited

R v Secretary of State for the Home Department, Ex parte Salem [1999] 2 WLR 483 followed

Tobacco Institute of Australia Limited v Australian Federation of Consumer Organisations Inc (No 2) (1993) 41 FCR 89 cited

Harrison- Broadley v Smith [1964] 1 All ER 867 cited

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v THE IMB GROUP PTY LTD & ORS

QG 175 OF 1993

DRUMMOND J

23 MARCH 1999

BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 175 OF 1993

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: THE IMB GROUP PTY LTD (ACN 050 411 946) (IN LIQUIDATION)

First Respondent

LOGAN LIONS LIMITED (ACN 060 338 758) (IN LIQUIDATION)

Third Respondent

SAMSON NEIL BACKO

Fourth Respondent

DAVID JOHN IVERS

Fifth Respondent

LUKE VINCENT IVERS

Sixth Respondent

JOHN LINDSAY IVERS

Seventh Respondent

LANCE THOMAS STONE